RICHARD'S 5 & 10 v. BROOKS HARVEY REALTY


264 Pa.Super. 384 (1979)

399 A.2d 1103

RICHARD'S 5 & 10, INC., Appellant, v. BROOKS HARVEY REALTY INVESTORS.

Superior Court of Pennsylvania.

Decided March 16, 1979.


Attorney(s) appearing for the Case

Norman Ashton Klinger, Norristown, for appellant.

Hugh M. Emory, Paoli, for appellee.

Before CERCONE, SPAETH and LIPEZ, JJ.


SPAETH, Judge:

This is an appeal from an order sustaining preliminary objections in the nature of a demurrer to an amended complaint in assumpsit.

"`The question raised by [a] demurrer is whether upon the facts averred in the pleading being attacked the law says with certainty that the claim or defense is no good, and if there is any doubt as to whether the demurrer should be sustained it should...

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